Title

Towards labor justice: A comprehensive review on Agabonvs NLRC and the various Supreme Court doctrines in granting remedies for illegal termination

Date of Publication

2015

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Labor and Employment Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Hilario S. Caraan

Defense Panel Chair

Edward P. Chico

Defense Panel Member

Augusto R. Bundang
Reynaldo G. Ros

Abstract/Summary

The various and oftentimes conflicting Supreme Court en banc decisions have led to confusion of the interpretation of the Labor Code. Revolving around this are explained in the previous chapters regarding the principle of social justice, due process of law, stare decisis and repercusions for illegal termination. Erroneous application of these concepts shall deteriorate labor rights.

Whereby, it is the purpose of the Labor Code to assert employee rights while limiting it for the employer. It is seen in the case of Agabon of NLRC of which deterioration of labor rights ensued. Specifically pertaining to the right to due process of law, the NLRC, Court of Appeals and Supreme Court have different perspectives and decisions which highlights the prevailing doctrinal case.

Furthermore, the non-observance of procedural due process is a very important factor in determining what type of damages shall be incurred. This will solve major issues such as the right appropriation of compensations to illegally terminated employees, conflicts of jurisprudence and statutes, and the discretionary power of the Supreme Court. The solutions of these issues will help attain labor justice.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19406

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

iii, 134 leaves, 28 cm.

Keywords

Employees--Dismissal of--Law and legislation--Philippines

Embargo Period

5-9-2021

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